Opinion
OP 24-0439
09-10-2024
MIKEL S. LETHERMAN, Petitioner, v. JACKIE KEEREY, DIRECTOR, GALLATIN COUNTY DETENTION CENTER, Respondent.
ORDER
Mikel S. Letherman appears on his own behalf in his petition for a writ of habeas corpus, indicating that his sentence for the bail-jumping conviction is longer than the law allows. In compliance with this Court's August 2, 2024 Order, the State of Montana responds that Letherman is not serving an illegal sentence.
This Court is familiar with Letherman's history. In 2021, through counsel,' Letherman appealed his felony conviction for driving under the influence (DUI) per se and corresponding sentence. We reversed and remanded the matter to the Yellowstone County District Court to sentence Letherman for a misdemeanor DUI. State v. Letherman, 2023 MT 196, ¶¶ 1-2,19, 413 Mont. 459, 537 P.3d 862 (Letherman I). In 2022, through counsel, Letherman appealed his bail-jumping conviction after a jury trial. State v. Letherman, No. DA 22-0280, 2023 MT 213N, ¶ 2, 2023 Mont. LEXIS 1108 (Nov. 7,2023) (Letherman II). This Court affirmed. Letherman II, ¶ 15.
Letherman contends that his bail-jumping sentence is facially invalid. He states that, after this Court remanded the criminal case for his felony DUI conviction to the District Court, the court made his conviction a misdemeanor, which should result in a shorter sentence of six months for a bail-jumping conviction. Citing to § 45-7-308(4), MCA, he argues that his bail-jumping offense is not "in connection with a felony .. ." at this point, and that he could not have raised this argument before the remand in his first appeal, resulting in a misdemeanor DUI conviction. See Letherman I,
The State puts forth that Letherman cannot establish that his felony bail-jumping sentence is illegal. The State points to the specific language of § 45-7-308(4), MCA: "A person convicted of bail-jumping in connection with a felony shall be imprisoned in the state prison for a term not to exceed 10 years. In all other cases, the person shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both." (Emphasis added). The State points out that Letherman's argument ignores the timing of the bail-jumping offense "in connection with a felony" whereby the State interprets the statutory language to result in a felony sentence for a person who commits the offense of bail jumping in relation to a felony. The State reiterates that Letherman received a felony DUI per se conviction and that, due to his failure to appear at that sentencing hearing, he committed the offense of bail-jumping. Regardless of this Court's subsequent reversal of the felony DUI per se to a misdemeanor, the State concludes that Letherman's Petition has no merit.
We find the State's arguments dispositive of Letherman's Petition. We point to the Letherman II Opinion. "Letherman was convicted in a bench trial for driving under the influence. The District Court released Letherman on his own recognizance." Letherman II, ¶ 3. The District Court judge had released him on his own recognizance in 2021, pending the sentencing of his felony DUI per se conviction. At the time when Letherman failed to appear for his sentencing, the court had convicted him of a felony, not a misdemeanor. The State presented evidence "that Letherman has been set at liberty and was aware of the date and time set for sentencing-as required by § 45-7-308(1)[, MCA.]" Letherman II, ¶ 10. Letherman did not appear, and he was convicted of bail-jumping in connection with a felony.
Letherman is not entitled to a reduction of his sentence. Section 46-22-101(1), MCA. His five-year sentence is not any longer than the law allows because he was facing a ten-year term. Section 45-7-308(4), MCA. He has a valid sentence for a felony bailjumping conviction. Letherman II and § 46-22-101(2), MCA. Accordingly,
IT IS ORDERED that Letherman's Petition for Writ of Habeas Corpus is DENIED and DISMISSED.
IT IS FURTHER ORDERED that this case is CLOSED as of this Order's date.
The Clerk is directed to provide a copy of this Order to counsel of record and to Mikel S. Letherman personally.